GOPINATH SONOWAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. P.K. Goswami, learned counsel for the petitioner and Mr. Bhagabati, learned Government Advocate on behalf of respondents No. 1 & 2.

(2.) ORDER dated 30.08.2006 issued by the Deputy Secretary to the Government of Assam, Revenue (Settlement) Department thereby de-reserving 40 bighas 1 katha land, land covered by Dag No. 283 of village No. 2 of Gogal Dubi under Kadam Mouza and thereby rehabilitating 22 nos. of flood erosion affected families with 1 bigha per family subject to utilisation for specific purpose within 3 years, failing which the land so allotted would automatically stand cancelled and reverted to the Government. The said order has been challenged before this Court under Article 226 of the Constitution of India by the present petitioner on the ground that the members of the Society, namely, Gagol Dubi Grazing Sangrakshyan Samiti constituted for protection of all grazing land submitted representation before the Deputy Commissioner, Lakhimpur on 18.08.2006 apprehending such de-reservation of VGR land for allotment to undeserving persons. According to the petitioner, the said representation dated 18.08.2006 did not receive any consideration of the concerned authority and in the process the aforesaid order dated 30.08.2006 was issued by the respondents de-reserving the VGR land.

(3.) HAVING regard to the facts and circumstances of the case as stated above and in view the fair submission made by Mr. P.K. Goswami, the learned counsel for the petitioner as well as Mr. Bhagabati, learned Government Advocate I feel, ends of justice shall be met if this writ petition is disposed of with direction to the respondents No. 1 & 2 to ascertain as to whether the allotments made by order dated 30.08.2006 were made in due observance of the law holding the field and after ascertaining the eligibility of the beneficiaries. The enquiry should be made within a period of 3 months from today and the petitioner as well as the beneficiaries may be afforded adequate opportunity to participate in the process of enquiry.